[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Pages 49476-49478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23208]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0023; Notice 2]


Porsche Cars North America, Inc., Grant of Petition for Decision 
of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

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SUMMARY: Porsche Cars North America, Inc. (PCNA), on behalf of Dr. Ing. 
h.c.F. Porsche AG (PAG), has determined that certain model year (MY) 
2017 Porsche 911 Turbo and Porsche 911 Turbo Cabriolet motor vehicles 
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) 
No. 101, Controls and Displays, and FMVSS No. 135, Light Vehicle Brake 
Systems. PCNA filed a noncompliance report dated March 16, 2017. PCNA 
also petitioned NHTSA on March 17, 2017, for a decision that the 
subject noncompliance is inconsequential as it relates to motor vehicle 
safety.

ADDRESSES: For further information on this decision contact Stu Seigel, 
Office of Vehicle Safety Compliance, the National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-5287, facsimile 
(202) 366-3081.

SUPPLEMENTARY INFORMATION: 
    I. Overview: Porsche Cars North America, Inc. (PCNA), on behalf of 
Dr. Ing. h.c.F. Porsche AG (PAG), has determined that certain model 
year (MY) 2017 Porsche 911 Turbo and Porsche 911 Turbo Cabriolet motor 
vehicles do not fully comply with paragraph S5.2.1 of FMVSS No. 101, 
Controls and Displays, and paragraph S5.5.5 of FMVSS No. 135, Light 
Vehicle Brake Systems. PCNA filed a noncompliance report dated March 
16, 2017, pursuant to 49 CFR part 573, Defect and Noncompliance 
Responsibility and Reports. PCNA petitioned NHTSA on March 17, 2017, 
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, for an 
exemption from the notification and remedy requirements of 49 U.S.C. 
Chapter 301 on the basis that this noncompliance is inconsequential as 
it relates to motor vehicle safety.
    Notice of receipt of the petition was published with a 30-day 
public comment period, on April 11, 2017, in the Federal Register (82 
FR 17507). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: https://www.regulations.gov/. Then follow the 
online search instructions to locate docket number ``NHTSA-2017-0023.''
    II. Vehicles Involved: Approximately 17 MY 2017 Porsche 911 Turbo 
and Porsche 911 Turbo Cabriolet motor vehicles, manufactured between 
May 31, 2016, and January 11, 2017, are potentially involved.
    III. Noncompliance: PCNA explains that the noncompliance is that 
the telltales used for Brake Warning, Park Brake Warning and Antilock 
Braking System (ABS) failure warnings are displayed using International 
Organization for Standardization (ISO) symbols instead of the words 
``Brake'' and ``ABS'' as required by paragraph

[[Page 49477]]

S5.2.1 of FMVSS No. 101 and paragraph S5.5.5 of FMVSS No. 135.
    IV. Rule Text: Paragraph S5.2.1 of FMVSS No. 101 requires in 
pertinent part:

    S5.2.1 Except for the Low Tire Pressure Telltale, each control, 
telltale and indicator that is listed in column 1 of Table 1 or 
Table 2 must be identified by the symbol specified for it in column 
2 or the word or abbreviation specified for it in column 3 of Table 
1 or Table 2. If a symbol is used, each symbol provided pursuant to 
this paragraph must be substantially similar in form to the symbol 
as it appears in Table 1 or Table 2. If a symbol is used, each 
symbol provided pursuant to this paragraph must have the 
proportional dimensional characteristics of the symbol as it appears 
in Table 1 or Table 2 . . .

    Paragraphs S5.5.5 of FMVSS No. 135 requires in pertinent part:

    S5.5.5. Labeling. (a) Each visual indicator shall display a word 
or words in accordance with the requirements of Standard No. 101 (49 
CFR 571.101) and this section, which shall be legible to the driver 
under all daytime and nighttime conditions when activated. Unless 
otherwise specified, the words shall have letters not less than 3.2 
mm (one-eighth inch) high and the letters and background shall be of 
contrasting colors, one of which is red. Words or symbols in 
addition to those required by Standard No. 101 and this section may 
be provided for purposes of clarity.
    (b) Vehicles manufactured with a split service brake system may 
use a common brake warning indicator to indicate two or more of the 
functions described in S5.5.1(a) through S5.5.1(g). If a common 
indicator is used, it shall display the word ``Brake.'' . . .
    (d) If separate indicators are used for one or more of the 
conditions described in S5.5.1(a) through S5.5.1(g), the indicators 
shall display the following wording: . . .
    (3) If a separate indicator is provided for the condition 
specified in S5.5.1(b), the letters and background shall be of 
contrasting colors, one of which is yellow. The indicator shall be 
labeled with the words ``Antilock'' or ``Anti-lock'' or ``ABS''; or 
``Brake Proportioning,'' in accordance with Table 2 of Standard No. 
101 . . .

    V. Summary of PCNA's Petition: PCNA described the subject 
noncompliance and stated its belief that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    In support of its petition, PCNA submitted the following reasoning:
    (a) The Owner's Manual for the subject vehicles is written for 
multiple markets and depicts both the ``BRAKE'' and ISO symbols 
telltales for brake warning, as well as the ``ABS'' and ISO symbol 
telltales for ABS lamp.
    (b) The ISO symbol for ABS lamp also contains the word ``ABS'', 
which is additionally embedded in a circle with two vertical lines. In 
case of an illumination of the ISO symbol, the malfunction display, 
located in the instrument cluster will display an additional warning 
message that states ``ABS/PSM failure. Drive with caution'' and an 
initial warning chime will sound. Porsche believes that in the event 
the ISO ABS telltale is displayed, the driver would recognize a 
possible ABS malfunction.
    (c) In the event the brake fluid level in the master cylinder 
reservoir is less than the recommended safe level, the ISO symbol will 
illuminate, and the multifunction display will display a warning 
message that states ``Brake fluid level. Park vehicle safely'' and an 
initial warning chime will sound. The message will stay continuously 
displayed, provided there are no other serious message(s), which would 
result in the messages being displayed in an alternating manner. If the 
brake fluid is still low on subsequent ignition key cycles the message 
will be redisplayed in the message center.
    (d) The parking brake in the subject vehicles are set by pushing a 
button labelled ``P'', which is located on the left hand side of the 
steering wheel. Once the parking brake is set, a red light indicator 
located in the button will illuminate. Thus, the application of the 
parking brake is in full view of the operator. When the parking brake 
is engaged it illuminates the ISO symbol and, should the operator 
proceed with the parking brake engaged, the parking brake releases 
automatically if the following prerequisites are fulfilled:
    1. Engine is running;
    2. Driver's door is closed;
    3. Driver's seat belt is fastened.
    If one of these prerequisites is not fulfilled, the electric 
parking brake is not automatically released when the operator attempts 
to drive off. A message appears on the multifunction display, and the 
red light indicator in the button as well as the ISO symbol for the 
brake will flash.
    (e) In all cases the ISO symbols for the brake and ABS telltale 
illuminate and remain illuminated in accordance with the requirements 
of FMVSS No. 135.
    (f) Porsche is unaware of any field or owner complaints regarding 
the issue of non-compliant telltales.
    PCNA concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that its petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.

NHTSA'S Decision

    NHTSA's Analysis: NHTSA has reviewed PCNA's analyses that the 
subject noncompliances are inconsequential to motor vehicle safety. 
Specifically, the use of an ISO telltale indicating both low fluid and 
parking brake actuation instead of the word ``BRAKE,'' as required by 
paragraph S5.5.5(b) of FMVSS No. 135 and paragraph S5.2.1 of FMVSS No. 
101, and an ISO symbol for the ABS telltale, instead of the words 
``Antilock'' or Anti-lock'' or ``ABS'' as required by paragraph 
S5.5.5(d)(3) of FMVSS No. 135 and paragraph S5.2.1 of FMVSS No. 101, 
poses little if any risk to motor vehicle safety. As discussed below, 
NHTSA believes that the inadvertent use of the ISO symbols for these 
specific vehicles is inconsequential primarily because multiple sources 
of information are simultaneously activated to properly warn the driver 
of the conditions, and because drivers have, over time, become 
increasingly familiar with ISO symbol meaning as many ISO symbols have 
been used on U.S.-certified vehicles in conjunction with the required 
text.
    1. Per paragraph S5.5.2 of FMVSS No. 135, all indicators are 
activated as a check function when the ignition (start) switch is 
turned to the ``on'' (``run'') position when the engine is not running 
or when the ignition (start) switch is in a positon between ``on'' 
(``run'') and ``start.'' As such, each time the driver activates the 
starting system on these affected vehicles, the ISO brake warning 
symbol and the ISO ABS Malfunction symbol will illuminate. If the 
driver is not familiar with the ISO symbol meaning, the owner's manual 
can be referenced, which will explain the relationship between the 
symbol and its function. NHTSA also believes that as some vehicles 
have, over time, incorporated both the required telltale labeling with 
adjacent supplementary ISO symbols, the ISO symbols have evolved to 
become increasingly recognizable and understandable to drivers. NHTSA 
further believes drivers recognize that a telltale illuminated in red 
or amber, as is the case here, even if unlabeled, represents a 
malfunction which needs to be remedied.
    2. PCNA uses an allowed common indicator for the condition of low 
brake fluid and activation of the parking brake. The symbol is red with 
a contrasting background color as required in the standard. In a low-
brake-fluid situation, in addition to the ISO symbol illumination, the 
operator is provided multiple sources of information of the existence 
of a problem. A multifunction display will display a warning message 
that is clear and definitive stating ``Brake fluid level. Park vehicle 
safely''. In the affected vehicles, the malfunction display is

[[Page 49478]]

contained in the instrument panel in plain view of the driver. In 
addition, an initial warning chime will sound. The message will be 
continuously displayed unless another serious condition is displayed in 
which case the messages would be alternating. Low fluid is redisplayed 
on subsequent ignition cycles.
    The combination of the red brake ISO symbol, a detailed message on 
the instrument cluster for low fluid, and a warning chime provides the 
operator ample notification of a brake condition requiring action.
    3. The parking brake on the subject vehicles is electronically 
activated by pushing a button labelled ``P'', which is located on the 
left side of the steering wheel. When the parking brake is engaged, the 
dual-function common ISO symbol will illuminate in red with additional 
visual feedback to the operator from illumination of a red indicator 
light located in the button. If the operator proceeds with the parking 
brake engaged, the brake will release automatically if (1) the engine 
is running, (2) the driver's door is closed, and (3) the driver's seat 
belt is fastened. These conditions are met most of the time, so the 
likelihood of driving with the parking brake engaged is limited. 
However, if one these three prerequisite conditions is not fulfilled, 
the electric parking brake will not automatically release when the 
operator attempts to drive off. Under this circumstance, the red ISO 
symbol will flash, which makes it highly noticeable to the driver, the 
red parking brake button will remain illuminated, and a message will 
appear on the multifunction display. These three redundant visual 
indicators to the operator provide ample feedback that the parking 
brake remains activated. The agency also believes that the operator in 
many cases would be aware of an activated parking brake due to reduced 
vehicle drivability from brake drag.
    4. When an ABS malfunction occurs, the amber ISO symbol with the 
word ``ABS'' embedded in it illuminates. Although this is the correct 
telltale word as specified in the standard, the lettering height is 
less than the required 3.2mm. There are two additional redundancies 
that provide notification to the operator of an ABS situation: The 
statement ``ABS/PSM failure. Drive with caution'' is displayed on the 
multifunction instrument cluster and an initial warning chime will 
sound. An operator is very unlikely to overlook these three separate 
notifications, and remedial action can be taken.
    5. Lastly, the presence of ISO symbols instead of wording on the 
instrument panel has no effect on the functionality and performance of 
the parking brake system, the service brake system, and the ABS system.
    NHTSA believes that the subject noncompliances on these specific 
vehicles--use of the ISO symbol for low brake fluid and parking brake 
actuation and ABS malfunction instead of the required words--are 
inconsequential to motor vehicle safety, primarily because illumination 
of each ISO symbol is accompanied by multiple redundant operator 
notifications including messages on an instrument cluster display and 
audible chimes. The manufacturer has stated and we agree, that the ISO 
symbol usage for these specific vehicles is unlikely to lead to any 
misunderstanding since other sources of correct information beyond the 
provided telltales are available.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that PCNA has met its burden of persuasion that the FMVSS Nos. 101 and 
135 noncompliances are inconsequential as they relate to motor vehicle 
safety. Accordingly, PCNA's petition is hereby granted and PCNA is 
consequently exempted from the obligation to provide notification of, 
and a remedy for, the subject noncompliance under 49 U.S.C. 30118 and 
30120.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, this decision 
only applies to the subject vehicles that PCNA no longer controlled at 
the time it determined that the noncompliance existed. However, the 
granting of this petition does not relieve vehicle distributors and 
dealers of the prohibitions on the sale, offer for sale, or 
introduction or delivery into interstate commerce of the noncompliant 
vehicles under their control after PCNA notified them that the subject 
noncompliance existed.

    Authority: 49 U.S.C. 30118, 30120: Delegations of authority at 
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-23208 Filed 10-24-17; 8:45 am]
 BILLING CODE 4910-59-P